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ToLATA application being charged statutory legal costs

(10 Posts)
noorqt Thu 08-Jan-15 16:25:38

Hi all,

Me and partner split up and it's been very messy(he had an affair with a woman he'd met in morocco) . We had been together 14 years have 2dd and bought house with joint finance but mortgage is in just he's name. He is denying my rights over the property as he wants me and kids out. He hasn't been paying for mortgage for over over18 months (he left in April 2014 for the other womanhmm has married her in August 14) I left work after 2nd dd and so relying in benefits. Mentally not dealing with the separation very well. Had very good job prior to having kids and he took all savings over last few months prior to leaving... Yes I know it was silly of me but he promised he was investing for our futureconfused. He has been menacing and harassing ( history of DV ) and so have managed to get a non molestation and occupation order against him. The non mol gives my legal aide.
My solicitor wants to make application under ToLATA to assert my beneficial rights over the property but I have been told that even if I get any money from the property I will have to pay the statuary legal costs of the hearing plus the non molestation order too. There isn't much equity in property as there have been further charges on the property from debt of my exP.

Is anyone aware of this statuary cost that needs to be paid??

Many thanks all. Xx

cestlavielife Thu 08-Jan-15 17:30:39

this has list of fees ask solicitor which it will be
www.legislation.gov.uk/uksi/2014/877/pdfs/uksi_20140877_en.pdf

cestlavielife Thu 08-Jan-15 17:32:43

if its civil proceedings here - www.legislation.gov.uk/uksi/2014/874/pdfs/uksi_20140874_en.pdf
but make sure solicitor is also applying under children's act schedule 1 to get money or property for the children. it should be combined TOLATa/childrens act.

noorqt Thu 08-Jan-15 21:07:01

Thank you cestlavielife...that document has so many charges could potentially be liable for. What I wanted to know is what is the relevance of getting legal aid if I am still liable for the statuary legal costs?? I'm due to not getting much from the property( as there isn't much equity n there are secondary charges already applied to the property) do after paying the statuary legal fees I'll have very little left to piece my life together.

cestlavielife Thu 08-Jan-15 23:37:22

If mortgage is in his name and there is no equity why don't you just walk away ? Is your name down on LAN d registry ? Seems pointless fighting for beneficial interest if there is none !

noorqt Fri 09-Jan-15 14:25:16

There is some equity but after all charges are taken I will be left with very little. I just was not aware of a statuary legal charge even upon receiving legal aid. Thanks again. Xx

noorqt Fri 09-Jan-15 14:57:04

And sorry, I forgot to mention the property is in he's sole name but was purchased with joint finances.

STIDW Fri 09-Jan-15 19:52:29

The statutory charge is just made against property recovered or preserved.

However, in family cases each party pays their own costs but the general court rule that the unsuccessful party pays the costs of the successful party applies to ToLATA and non mol proceedings. That means if you win your cases your legal aid costs could be paid by your ex partner.

There is a Legal Aid Statutory Charge Manual available @ the gov.uk website for details. If after reading it you have any questions I suggest posting on Wikivorce where a very informative costs specialist (Charles) might pick it up.

noorqt Fri 09-Jan-15 21:27:52

Thank you so much STIDW I've never heard of wikivorce and will look into ASAP. So you think there is a chance that my solicitor could get my exP to pay the statuary legal costs?? Sounds good as he hasn't paid a penny towards DD's or anything for over 18 months.

STIDW Fri 09-Jan-15 21:47:16

Speak to your solicitor. Legal aid shouldn't be granted unless he/she thinks there is a reasonable prospect of success. wink

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